Two siblings jointly own a property as tenants in common. One sibling resides on the property and uses it for personal purposes, while the other does not reside there and has no access. The sibling who resides on the property has refused repeated requests from the other to share the property or pay rent. What is the likely result under property law?
The sibling residing on the property is not obligated to pay rent unless they directly prevented access to the property.
Neither sibling owes the other anything unless the property's title requires shared profits by agreement.
The sibling not residing on the property may seek a sale of the property to divide the ownership.
The sibling residing on the property must pay the other sibling rent because the property's use is personal and not shared.
Under tenancy in common, each co-tenant holds an undivided interest in the property, which gives them the right to possess and use the entire property. A co-tenant who exclusively occupies and prevents the other co-tenant from accessing the property is considered to have committed an 'ouster.' In such a case, the occupying co-tenant may be required to pay rent to the ousted co-tenant as compensation. However, if the occupying co-tenant has not directly denied access but is simply using the property personally, this does not create an obligation to compensate the other without evidence of exclusion. The incorrect answers either misstate the requirements for ouster or misunderstand the rights and remedies available to each co-tenant.
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